21/05/2026
Office of Profit = 1 Govt job can end your MP/MLA career ⚖️💼
Art 102 for MPs | Art 191 for MLAs says:
If you hold any post under Govt with salary, perks, or power → You’re DISQUALIFIED.
3 Tests by Supreme Court to check:
1. Appointment – Can Govt remove you?
2. Remuneration – Even ₹1 honorarium counts
3. Function – Do you exercise Govt authority?
All 3 YES = Office of Profit = Seat Gone ❌
Who is SAFE?
Ministers, Speaker, LoP, Whips, NITI Aayog members.
Saved by Parliament Act 1959.
Case Studies:
Jaya Bachchan 2006 – Disqualified as UP Film Council Chief
Sonia Gandhi 2006 – Resigned from NAC before verdict
20 AAP MLAs 2018 – Parliamentary Secretary case
UPSC GS2: Polity, Parliament, Separation of Powers, ECI
Prelims PYQ 2017: Who decides? → President on ECI advice
State PSC: Rajasthan, MP, UP, BPSC ask this every 2 years
SSC CGL: Polity section 1 marker
Mains: Ethics + Conflict of Interest
1 Mark Pakka if you remember: “Minister ≠ Office of Profit”
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Tag a friend preparing for UPSC/PSC/SSC 👇
Comment “1959” if you want full exempt posts list
Follow for daily notes with PYQ + syllabus link.
